Case: EEOC v. FARRIS CONCRETE

4:02-cv-00105 | U.S. District Court for the Eastern District of Texas

Filed Date: April 8, 2002

Closed Date: Jan. 5, 2006

Clearinghouse coding complete

Case Summary

The San Antonio and Dallas Offices of the EEOC filed this action in the U.S. District Court for the Eastern District of Texas. The Defendant was Farris Concrete Company, a commercial and industrial concrete provider. The controversy involved the alleged harassment and constructive discharge of the complainant based on her sex in violation of Title VII of the Civil Rights Act of 1964. The lawsuit was filed in April 2002 and was resolved by consent decree in January 2004. The complainant, who did not intervene in the case, was awarded $15,000, expungement of the incident from her personnel file, and a guarantee of neutral reference. In addition, the company was required to provide training and had to post a Notice of rights. The decree was to last for two years.

Summary Authors

Kevin Wilemon (8/11/2007)

People


Judge(s)

Bush, Don D. (Texas)

Judge(s)

Bush, Don D. (Texas)

show all people

Documents in the Clearinghouse

Document

4:02-cv-00105

Docket (PACER)

EEOC v. Farris Concrete Co

June 15, 2005

June 15, 2005

Docket
1

4:02-cv-00105

Plaintiff EEOC's Complaint

EEOC v. Farris Concrete Company

April 8, 2002

April 8, 2002

Complaint
50

4:02-cv-00105

Consent Decree

EEOC v. Farris Concrete Company

Jan. 5, 2004

Jan. 5, 2004

Settlement Agreement

Resources

Docket

Last updated March 18, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

Original Complaint filed. Cause: 42:2000 Job Discrimination (Sex) (ttm) (Entered: 04/08/2002)

April 8, 2002

April 8, 2002

Magistrate consent forms mailed to EEOC . (ttm) (Entered: 04/08/2002)

April 8, 2002

April 8, 2002

Summons(es) issued for Farris Concrete Co; returned to atty for service (ttm) (Entered: 04/08/2002)

April 8, 2002

April 8, 2002

2

ORDER referring case to Magistrate Judge Robert W. Faulkner to handle pretrial proceedings (copy file sent) ( signed by Judge Paul Brown ) cc:atty on 4-8-02 (ttm) (Entered: 04/08/2002)

April 8, 2002

April 8, 2002

3

WAIVER OF SERVICE Returned Executed as to Farris Concrete Co 4/17/02 Answer due on 6/17/02 for Farris Concrete Co (ttm) (Entered: 06/06/2002)

June 6, 2002

June 6, 2002

4

Answer to original complaint by Farris Concrete Co (ttm) (Entered: 06/17/2002)

June 17, 2002

June 17, 2002

Magistrate consent forms mailed to Farris Concrete Co . (ttm) (Entered: 06/17/2002)

June 17, 2002

June 17, 2002

5

ORDER for mgt cnf, set management conference for 9:30 8/13/02 before Magistrate Judge Robert W. Faulkner ( signed by Magistrate Judge Robert W. Faulkner 6-21-02) cc:attys on 6-21-02 (ttm) (Entered: 06/21/2002)

June 21, 2002

June 21, 2002

6

Notice of Hearing: reset management conference for 11:30 8/27/02 before Magistrate Judge Robert W. Faulkner cc: attys of record 7/23/02 (former empl) (Entered: 07/23/2002)

July 23, 2002

July 23, 2002

7

Notice of attorney appearance for EEOC by Keri L Mallon (ttm) (Entered: 07/25/2002)

July 25, 2002

July 25, 2002

8

Notice of initial disclosure by Farris Concrete Co (ttm) (Entered: 08/20/2002)

Aug. 20, 2002

Aug. 20, 2002

Duplicate copy file to staff atty (ttm) (Entered: 08/22/2002)

Aug. 22, 2002

Aug. 22, 2002

MANAGEMENT CONFERENCE held before Magistrate Judge Robert W. Faulkner (lab) (Entered: 08/28/2002)

Aug. 27, 2002

Aug. 27, 2002

9

Docket Control Order setting all motions to amend pleadings by 10/4/02 for Farris Concrete Co, for EEOC ; It is not necessary to file a motion for leave to amend before the deadline to amend pleadings. It is necessary to file a motion for leave to amend after the deadline date. Obtain court approval of Expert witnesses by filing written request with the Clerk on or before 11/22/02 for Farris Concrete Co, 11/8/02 for EEOC ; Expert reports shall be furnished 12/9/02 and any objections to the opinions contained in any report should be filed with the Court 12/23/02; Discovery Completion Deadline 2/14/03; Deadline for filing of all dispositive motions 2/28/03 for Farris Concrete Co, for EEOC with all other motions, including motions in limine, to be filed by 4/14/03; Responses to dispositive motions to be filed by 3/14/03; Joint Pretrial order and any trial briefs to be submitted on or before 4/14/03 for Farris Concrete Co, for EEOC ; Jury selection begins on 7/7/03; Jury instructions due by 4/14/03 for Farris Concrete Co, for EEOC ; Jury trial on 7/7/03 (case to be tried when reached); Final pretrial conference at 9:00 a.m. on 6/20/03 for Farris Concrete Co, for EEOC. Total Trial Time 3 days (Pla 1.5 days and Dft 1.5 days) ( signed by Magistrate Judge Robert W. Faulkner on 8/28/02) cc: attys 8/29/02 (raf) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

9

ORDER, set discovery due for 2/14/03 ( signed by Magistrate Judge Robert W. Faulkner on 8/28/02) cc: attys 8/29/02 (raf) (Entered: 08/29/2002)

Aug. 29, 2002

Aug. 29, 2002

10

Request for court approval of expert witness by EEOC (ttm) (Entered: 11/08/2002)

Nov. 8, 2002

Nov. 8, 2002

11

Request for approval of expert witnesses by Farris Concrete Co (ttm) (Entered: 11/25/2002)

Nov. 22, 2002

Nov. 22, 2002

12

ORDER granting [11-1] requested approval of expert Susan Hance Sorrells ( signed by Magistrate Judge Robert W. Faulkner 12-17-02) cc:attys on 12-20-02 (ttm) (Entered: 12/20/2002)

Dec. 18, 2002

Dec. 18, 2002

13

ORDER granting [10-1] requested approval of Dr John Connolly ( signed by Magistrate Judge Robert W. Faulkner 12-17-02 ) cc:attys on 12-20-02 (ttm) (Entered: 12/20/2002)

Dec. 18, 2002

Dec. 18, 2002

14

ORDER, transferring case to Judge Richard Schell ( signed by Judge Paul Brown 12-30-02) cc:attys and Judge Schell on 12-31-02 (ttm) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

Case reassigned to Judge Richard A. Schell (ttm) (Entered: 12/30/2002)

Dec. 30, 2002

Dec. 30, 2002

Copy file to Judge Schell, copy of order transfering to Judge Faulkner (ttm) (Entered: 01/06/2003)

Jan. 6, 2003

Jan. 6, 2003

15

ORDER rescheduling final pretrial conferenece dates, reset pretrial conference for 7/7/03 before Judge Richard A. Schell All other deadlines and requirements in existing docket control order shall remain in effect ( signed by Judge Richard A. Schell 1-14-03 ) cc:attys on 1-16-03 (ttm) (Entered: 01/16/2003)

Jan. 16, 2003

Jan. 16, 2003

16

Fax noticing receipt of Order #15 to attorney William Maston Boyd for defendant Farris Concrete Co, Ken Lyn Mallon for plaintiff EEOC 1-17-03 8:26 am. (ttm) (Entered: 01/17/2003)

Jan. 17, 2003

Jan. 17, 2003

17

AGREED MOTION by EEOC, Farris Concrete Co to extend time on deadlines (ttm) (Entered: 02/07/2003)

Feb. 7, 2003

Feb. 7, 2003

19

General ORDER 03-4, referring case to Magistrate Judge Don D. Bush ( signed by Judge John Hannah Jr. 2-24-03 ) cc:attys on 3-6-03 (ttm) (Entered: 03/06/2003) will be determined at final pretrial conf ; Final Pretrial conference on 9/8/03 ; Final Pretrial order due on or before 8/1/03 for Farris Concrete Co, for EEOC ; Jury instructions due by 8/1/03 for Farris Concrete Co, for EEOC ; Deadline for Motions in Limine 7/25/03 for Farris Concrete Co, for EEOC ; Deadline for filing of all motions to transfer, remand, dismiss, sumjgm or other dispositive motions by 6/30/03; Pretrial dislcousre shallbe made by pltf by 6-30-03 and dft by 7-7-03; Discovery cutoff 5/31/03 ; Amend, join, implead parties by 10/4/02 ; Mediation to be Completed by 8/1/03 ; Join parties by 10/4/02 ; ( signed by Judge Richard A. Schell 3-4-03 ) cc:attys on 3-5-03 (ttm) (Entered: 03/05/2003)

Feb. 24, 2003

Feb. 24, 2003

20

Agreed MOTION by Farris Concrete Co to continue final pretrial conf (ttm) (Entered: 04/22/2003)

April 22, 2003

April 22, 2003

21

ORDER granting [20-1] motion to continue final pretrial conf, reset pretrial conference for 10:30 10/6/03 before Judge Richard A. Schell All other deadlines shall remain the same ( signed by Judge Richard A. Schell 4-30-03) cc:attys on 5-1-03 (ttm) (Entered: 05/01/2003)

May 1, 2003

May 1, 2003

Mail returned: [21-1] order reset pretrial conference for 10:30 10/6/03 before Judge Richard A. Schell, [21-2] relief addressed to EEOC atty David Rivela stamped "not at this address" (ttm) (Entered: 06/02/2003)

June 2, 2003

June 2, 2003

22

Notice by Farris Concrete Co of withdrawal of expert witness designation (ttm) (Entered: 06/20/2003)

June 20, 2003

June 20, 2003

23

Pretrial disclosures pursuant to FRCP 26(a)(3) (ttm) (Entered: 07/01/2003)

July 1, 2003

July 1, 2003

24

Dfts pretrial disclosures (ttm) (Entered: 07/08/2003)

July 7, 2003

July 7, 2003

25

Response by Farris Concrete Co to [23-1] pretrial disclosures (ttm) (Entered: 07/14/2003)

July 14, 2003

July 14, 2003

26

Order referring case to Robert W Faulkner as mediator Mediation conference to be held on or before 8/1/03 for Farris Concrete Co, for EEOC ( signed by Judge Richard A. Schell 7-17-03 ) cc:attys on 7-21-03 and docket sheet to Robert Faulkner (ttm) (Entered: 07/18/2003)

July 18, 2003

July 18, 2003

27

Response (objections) by EEOC to [24-1] dft pretrial disclosures (ttm) (Entered: 07/23/2003)

July 22, 2003

July 22, 2003

Terminated document #17-1; moot per Order (de#18) per law clerk (lab) (Entered: 07/23/2003)

July 23, 2003

July 23, 2003

28

Motion by EEOC with memorandum in support in limine (ttm) (Entered: 07/25/2003)

July 25, 2003

July 25, 2003

29

Response by Farris Concrete Co to [28-1] motion in limine (ttm) (Entered: 08/14/2003)

Aug. 13, 2003

Aug. 13, 2003

30

ORDER, to withdraw [26-1] referral/referred order to Magistrate Judge Don Bush ( signed by Judge Richard A. Schell 8-15-03 ) cc:attys on 8-20-03 (ttm) Modified on 08/20/2003 (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

CASE NO LONGER REFERRED TO Magistrate Judge Don D. Bush (ttm) (Entered: 08/20/2003)

Aug. 20, 2003

Aug. 20, 2003

32

Proposed Jury instructions by EEOC, Farris Concrete Co (ttm) (Entered: 09/09/2003)

Sept. 9, 2003

Sept. 9, 2003

33

Pretrial hearing & Trial scheduling set at 11:00 10/6/03 before Judge Richard A. Schell (pad) (Entered: 09/19/2003)

Sept. 18, 2003

Sept. 18, 2003

34

Mediation Report filed by Wayne E. Lee. Mediation result: impasse (sjs) (Entered: 09/23/2003)

Sept. 23, 2003

Sept. 23, 2003

Final Pre-trial conference held before Judge Richard A. Schell (pad) (Entered: 10/07/2003)

Oct. 6, 2003

Oct. 6, 2003

35

Minutes Re: pre-trial conference & trial scheduling by Judge Richard A. Schell on 10/6/03. Pla's motion in liminf is granted in part and denied in part. An order will be entered. (Ct rep/ECRO: Jerry Kelley) (pad) (Entered: 10/07/2003)

Oct. 6, 2003

Oct. 6, 2003

36

Notice of Hearing: set jury selection for 9:00 1/12/04 before Judge Richard A. Schell , and set Jury trial for 9:00 1/12/04 before Judge Richard A. Schell (pad) (Entered: 10/08/2003)

Oct. 7, 2003

Oct. 7, 2003

37

ORDER granting in part, denying in part [28-1] motion in limine ( signed by Judge Richard A. Schell ) cc:attys on 10/8/03 (pad) (Entered: 10/08/2003)

Oct. 8, 2003

Oct. 8, 2003

38

Joint MOTION by EEOC, Farris Concrete Co to extend time of deadline for pretrial evidentiary briefs (ttm) (Entered: 10/16/2003)

Oct. 15, 2003

Oct. 15, 2003

39

Brief in support of admissibility of dfts trial exhibits and other evidence filed by Farris Concrete Co (ttm) (Entered: 11/07/2003)

Nov. 7, 2003

Nov. 7, 2003

40

Trial Brief objecting to the admissibility of TWC documents and statemetn by Richard Henry, deceased filed by EEOC (ttm) (Entered: 11/14/2003)

Nov. 13, 2003

Nov. 13, 2003

41

Notice of Hearing: reset jury selection for 9:00 1/20/04 before Judge Richard A. Schell , and reset Jury trial for 9:00 1/20/04 before Judge Richard A. Schell (pad) (Entered: 11/18/2003)

Nov. 18, 2003

Nov. 18, 2003

42

MOTION by Farris Concrete Co to modify [18-1] Scheduling order (ttm) (Entered: 12/03/2003)

Dec. 3, 2003

Dec. 3, 2003

43

MOTION by Farris Concrete Co to shorten pltfs response time to Mot #42 (ttm) (Entered: 12/03/2003)

Dec. 3, 2003

Dec. 3, 2003

45

ORDER granting [43-1] motion to shorten pltfs response time to Mot #42 until 12-12-03 ( signed by Judge Richard A. Schell 12-6-03) cc:attys on 12-11-03 (ttm) (Entered: 12/11/2003)

Dec. 8, 2003

Dec. 8, 2003

44

ORDER granting [38-1] motion to extend time of deadline for pretrial evidentiary briefs and accepts each parties briefs as filed timely ( signed by Judge Richard A. Schell 12-6-03) cc:attys on 12-11-03 (ttm) (Entered: 12/11/2003)

Dec. 9, 2003

Dec. 9, 2003

46

MOTION by EEOC to exceed page limitation resp (objs) to mot to modify amended scheduling order (ttm) (Entered: 12/12/2003)

Dec. 12, 2003

Dec. 12, 2003

48

ORDER granting [46-1] motion to exceed page limitation resp (objs) to mot to modify amended scheduling order ( signed by Judge Richard A. Schell ) cc:attys on 12/23/03 (sjs) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

49

Response by EEOC to [42-1] motion to modify [18-1] Scheduling order (sjs) (Entered: 12/23/2003)

Dec. 22, 2003

Dec. 22, 2003

50

Consent judgment: Dft to pay Cheshier $15,000.00, parties to bear their own costs and attys fees, term of this consent decree shall be 2 years . ( signed by Judge Richard A. Schell 1-2-04 ) cc:attys on 1-7-04 (ttm) (Entered: 01/07/2004)

Jan. 5, 2004

Jan. 5, 2004

Case closed (ttm) (Entered: 01/07/2004)

Jan. 5, 2004

Jan. 5, 2004

Shipped to FRC, Accession Number 021-05--0101, Location F1002951, Box 26 of 73. [For internal information only - case is either pending and imaged or closed.] (ttm, ) (Entered: 06/14/2005)

June 14, 2005

June 14, 2005

Case Details

State / Territory: Texas

Case Type(s):

Equal Employment

Special Collection(s):

EEOC Study — in sample

Multi-LexSum (in sample)

Key Dates

Filing Date: April 8, 2002

Closing Date: Jan. 5, 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A female employee of a commercial and industrial concrete provider who complained of sexual harassment and constructive discharge.

Plaintiff Type(s):

EEOC Plaintiff

Attorney Organizations:

EEOC

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Farris Concrete Company (Melissa, TX), Private Entity/Person

Case Details

Causes of Action:

Title VII (including PDA), 42 U.S.C. § 2000e

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 15000

Order Duration: 2004 - 2006

Content of Injunction:

Expungement of Employment Record

Neutral/Positive Reference

Discrimination Prohibition

Retaliation Prohibition

Post/Distribute Notice of Rights / EE Law

Provide antidiscrimination training

Issues

Discrimination-area:

Disparate Treatment

Discharge / Constructive Discharge / Layoff

Harassment / Hostile Work Environment

Discrimination-basis:

Sex discrimination

Affected Sex or Gender:

Female

EEOC-centric:

Direct Suit on Merits